Darnell case goes to judge in Midland

It is now up to a Midland judge whether fellow jurist Jim Bob Darnell must recuse himself in all criminal cases involving the Lubbock County Criminal District Attorney's Office.

Briefs from John Grace, a civil district attorney who represents the criminal district attorney's office, and Rod Hobson, who filed the motion as part of a 2008 criminal case, were due to Judge Dean Rucker of Midland by 5 p.m. Tuesday.

Hobson claims Darnell is indebted to the criminal district attorney's office for giving his son preferential treatment on a 2008 DWI and cannot be impartial in the Tony Dunn criminal case or any other case as a result.

Hobson's brief begins with an outline of the facts in the case of Jared Darnell, the judge's son who was involved in an auto accident in July 2008.

Jared Darnell was seriously injured and was taken to a hospital but was not arrested even though his blood alcohol concentration was 0.193 - more than twice the legal threshold for drunkenness.

Darnell was never arrested and was offered a pretrial diversion before a warrant was served.

The criminal district attorney's office recommended 49 pretrial diversions in 2008, with more than 6,425 misdemeanors pending in the county, according to records gathered by Hobson.

Hobson says the fact criminal district attorneys appear before Judge Darnell every day and that he benefitted from his son's pretrial diversion calls into question the judge's impartiality.

In his brief, Hobson writes if this situation does not create the appearance of impropriety, then there is not a set of facts that will ever give rise to that appearance.

Hobson also argues Judge Darnell has continued to pay back the criminal district attorney's office with rulings such as the jailing of attorney Ben Webb, who offices with Hobson, for contempt when Webb refused to testify against a former client.

Webb was later cleared of all wrongdoing by an appointed judge.

Hobson says the two matters create favoritism for the criminal district attorney's office and against Hobson and that Darnell must recuse himself from the Dunn case.

"After considering everything (in the Webb and Jared Darnell matters) that has been said and done, it is no wonder that Lady Justice wears a blindfold; otherwise she would weep at what sometimes passes for justice," Hobson writes.

In his response, Grace says Hobson's arguments are based on speculation and don't prove any impropriety, but only hint at it rhetorically.

Hobson has the burden of proof in this case.

Grace responds to the accusations related to the pretrial diversion by pointing out the criminal district attorney's office could have filed the case and not requested a warrant or rejected it outright - both of which would have been more beneficial to Jared Darnell.

Grace attacks the Webb argument by highlighting the fact Webb and Darnell's son had the same attorney, Everett Seymore.

Darnell would not "reward" Seymore with an adverse ruling in the Ben Webb case, Grace argues.

"A better explanation is that the Webb matter was a separate and distinct matter, decided by Judge Darnell without regard to the decisions of the criminal district attorney in the judge's son's DWI case," Grace writes.